David M. Morneau

The appellant appealed a decision of the Director of Licensing and Enforcement suspending his level II life insurance licence for 60 days due to his failure to satisfy continuing education requirements and furnishing false information.

At the hearing, the appellant sought to introduce new evidence regarding his mental stress, which the Tribunal refused to admit as it did not meet the conditions for new evidence on appeal.

The Tribunal confirmed the Director's decision but varied the commencement date of the suspension to avoid undue prejudice to the appellant's clientele during the RRSP season.

The appellant brought a motion to stay a decision of the Director suspending his level II life insurance licence for failure to satisfy continuing education requirements, pending his appeal to the Tribunal.

Applying the three-part test from RJR-Macdonald, the Tribunal found there was a serious question to be tried, the appellant would suffer irreparable harm if unable to carry on his business, and the balance of convenience favoured the appellant as his conduct did not call into direct question his competence.

The motion for a stay was granted.